Issue for Consideration Issue arose as regards invocation of extraordinary power u/Art. 226 of the Constitution to quash criminal proceedings. Headnotes† Constitution of India – Art.226 – Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal proceedings FIR registered u/ss.406, 420, 323, 504, 506 and 120-B IPC against the accused, including the appellant-foreign national and Project Manager for defaulting in payment to the company – Appellant sought quashing of FIR – However, the High Court refused to quash FIR – Correctness:
Issue for Consideration Impugned in this appeal is the judgment and order of the High Court dated 26.03.2018 whereby it has been held that the Will, subject matter of controversy, allegedly of one Testator-SR, had not been proved, thereby finding that the Lower Appellate Court had erred in – s.63 – SR-Testator was the owner of 1/4th share of a land – The Testator had no children and resided with his nephew appellant-GK – He executed a Will on 07.11.2005 and passed away the next day on 08.11.2005 – Having received the said land/property by the virtue
Issue for Consideration Issue arose whether by virtue of operation of the provisions of ss. 14(1) and 12(c) of the Hindu Succession Act, 1956, the defendant no.1-adoptive mother would become absolute owner of the property prior to the adoption of appellant-adopted son; and as regards the effect of executed thereafter by adoptive mother. Headnotes† Hindu Succession Act, 1956 – ss.13, 14 – Hindu Adoptions and Maintenance Act, 1956 – ss.12, 16 – Transfer of Property Act, 1882 – s.122 – Effects of adoption – Principle of Relation Back –
Issue for Consideration Merely because a Central Government employee works within the territory of a particular State, whether the CBI requires consent from the concerned State Government to register an FIR against such Central Government employee in connection with commission of an Act; whether the High Court was justified in quashing the FIRs and the subsequent proceedings against the respondents holding that the same were vitiated in view of the lack of consent and the lack of notification for a Special Court under the Prevention of Corruption Act, 1988.
Issue for Consideration Issue arose as regards the order passed by the High Court refusing to quash the complaint, summoning order and order declaring the appellant a proclaimed offender passed by the Magistrate; whether the proclaimed offender status, under the provisions of the Cr.P.C., of an stands acquitted during trial in connection to the very same offence; and whether the subsistence of the proclamation u/s.82 Cr.P.C. necessary for the authorities to proceed against accused against whom such proclamation issued, u/s.174A IPC. Headnotes† Code of Criminal Procedure, 1973
Issue for Consideration Whether the High Court was correct in setting aside the order of the Tribunal granting benefit of Section 23 of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007, to the Appellant-mother. Headnotes† Maintenance and Welfare of the Parents and s.23 – Transfer of property to be void in certain circumstances – Appellant-mother sought cancellation of the Gift Deed transferring her property to the respondent-son subject to the condition that he provides for her maintenance – Appellant alleged that the conditions in the